Arizona Criminal Defense Attorney Blog
In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment. On appeal, the State had argued that the trial court should not have dismissed the defendant’s indictment, which was based on the defendant’s status as a minor at the time of the offenses. The higher court agreed with the State, ultimately concluding that the dismissal was in error. The court sent the case back down to the trial court for additional proceedings.
Facts of the Case
According to the opinion, the defendant allegedly committed several assaults in 2022, all while she was in the Arizona Department of Juvenile Corrections. The defendant turned eighteen years old several days after the last assault. Soon after, a grand jury indicted the defendant on aggravated assault, assault by a prisoner with bodily fluids, and aggravated assault. The defendant filed a motion to dismiss on the grounds that she was under 18 when she committed the crimes. The court dismissed the indictment.
The State’s Appeal
The State promptly appealed this dismissal, citing Arizona law that says that when a defendant who is eighteen years or older is criminally charged, the court can hear those proceedings regardless of whether the defendant committed the crime before her eighteenth birthday. Because of case law establishing this fact, the defendant’s case was correctly heard by the superior court instead of by a juvenile court. Therefore, the dismissal should be reversed.
The court agreed. It is clear from case law, said the court, that a trial court is able to “try, convict, and sentence” any defendant who committed a crime as a juvenile. What matters, said the court, is whether the defendant is over eighteen when the prosecution initiates the case. Here, the state charged the defendant after her eighteenth birthday.
Ultimately, it can be harsh for young defendants whose cases are heard by the trial court, especially when the case might have been initiated when the defendant was a minor. This opinion serves as a reminder that while the criminal legal system in Arizona is tough, the best thing you can do to fight for your freedom is retain a knowledgeable Phoenix criminal defense attorney that can help you get the best outcome possible in your case.
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If you haven’t yet spoken with an experienced Phoenix sex crimes attorney regarding your case, call us at the Law Office of James E. Novak for a free and confidential consultation at (480) 413-1499. You can also fill out our online form to tell us about your case and have an attorney reach back out to you as soon as possible.